Bill Text: CA AB318 | 2021-2022 | Regular Session | Amended
Bill Title: Hazardous waste: classification: cannabis waste.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2022-02-01 - Died on inactive file. [AB318 Detail]
Download: California-2021-AB318-Amended.html
|
Amended
IN
Assembly
April 20, 2021 |
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Amended
IN
Assembly
April 13, 2021 |
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Amended
IN
Assembly
March 09, 2021 |
| Introduced by Assembly Member Levine |
January 26, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law exempts certain kinds of waste, including, among other things, wood waste, as defined, from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime.
This bill would exclude from classification as a hazardous waste organic waste, as
defined, that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as specified. The bill would require that organic waste is to be managed in a permitted compostable materials handling operation or facility, as defined, in accordance with a cannabis waste management plan, in a permitted facility using biomass conversion, as defined, in a permitted class I, II, or III disposal unit, in a permitted solid waste facility, as defined, or in any other manner allowed by law, as specified.
Because disposal of organic waste in violation of this requirement would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25142.6 is added to the Health and Safety Code, to read:25142.6.
(a) For purposes of this section, “green waste” means plant waste consisting of leaves, grass clippings, weeds, plant trimmings, agricultural plant waste, branches, stumps, and other plant material.(a)Organic waste that would be classified as hazardous solely because it exhibits a characteristic of toxicity, as described in Section 66261.24 of Title 22 of the California Code of Regulations shall be excluded from classification as a hazardous waste
for purposes of this chapter.
(b)Organic waste that meets the description in subdivision (a) shall be
managed in any of the following ways:
(1)In a permitted compostable materials handling operation or facility, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, or any successor regulation.
(2)In accordance with Section 8108 of Title 3 of the California Code of Regulations, or any successor regulation.
(3)In a permitted facility using any type of biomass conversion, as defined in Section 40106 of the Public Resources Code.
(4)In a permitted class I, II, or III disposal unit, pursuant to
Section 2531 of Title 23 or Section 20250 or 20260 of Title 27 of the California Code of Regulations, or any successor regulations.
(5)In a permitted solid waste facility, as defined in Section 40194 of the Public Resources Code.
(6)In any other manner allowed by any applicable regulation or law.
(c)For purposes of this section,
“organic waste” means organic waste, as defined in Section 42649.8 of the Public Resources Code.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
